Vision for Equality and Human Rights
The Vision
1.
We want a society where:
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every individual is able to achieve their potential, free from
prejudice and discrimination;
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every individual is entitled to respect and dignity; every
individual has an equal chance to participate in society;
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there is respect and understanding between communities in our
society.
2. We have already made great progress towards these goals
on many fronts. But we recognise there is
still much more to do.
3. Equality and human rights are not minority concerns –
they matter to every one of us. These aspirations are not borne
of popularity or political correctness. They are fundamental
building blocks of a civilised nation. They are the cornerstones
of economic prosperity and social justice for all. These
outcomes are relevant to every individual and to every
institution and organisation in our society.
The new Commission will be a major driver of the changes that
are necessary to achieve them.
4.
These aspirations will form the fundamental objectives of
the CEHR in its founding legislation. They are based on three
pillars – equality, human rights and good relations between
communities.
A changing world
5. The independent Commissions have been a strong feature in
the advancement of equality for over 30 years. Set up to
oversee the law, they have taken test cases, conducted formal
investigations into discrimination and promoted equality of
opportunity to the benefit of all. But the world that the first
sex and race Commissions dealt with at the end of the sixties
and early seventies is very different from our world in 2005.
6. We are a much more diverse nation. Changing demographics,
changing patterns of migration, consciousness of different
identities, faiths and cultures, the aspirations of those who
have been historically excluded, and changing relationships
between men and women and family formations mean that we have to
look again at the barriers that cause disadvantage and ways to
deal with the differences between us. Despite progress,
discrimination and disadvantage are all too prevalent. Other factors too are influencing the context in
which equality and human rights can flourish:
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Human rights principles, enshrined in the
European Convention on Human Rights, provide a guarantee for
every individual in society. Everybody can expect the same
protection and treatment, no matter who you are, what you
believe, what you look like or how you choose to live your life.
The introduction of the Human Rights Act has had, and continues
to have, a major impact on our understanding of fairness and
justice throughout every aspect of our lives.
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Devolution has provided a new political
settlement in Scotland and Wales, creating new contexts and
opportunities within which we must operate. The different
political, social and cultural environments, and the provisions
for promoting equality of opportunity within the Scotland Act
and the Government of Wales Act will have important implications
for these nations, and for Britain as a whole.
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The role of business, where there is
increasing recognition that discrimination carries not only a
cost to the individuals who experience it, but has real economic
costs for business. Some of our businesses have pioneered new
ways of working, going beyond what the law requires, because
they see that it makes business sense to harness the full
potential of their workforce and their markets. Companies that
succeed are those that seize the benefits of diversity – that’s
why these issues are rising up the corporate agenda.
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Modernising public services where
investment is crucial for long-term sustainability. But a
‘one-size-fits-all’ approach cannot meet the diverse needs of
those who use and need public services. As part of our
commitment to the modernisation of public services, we need to
focus investment and reform on designing services around the
needs of individuals, and on measuring impact to ensure that all
sections of our communities are well served. And ensuring that
public and civil servants reflect the communities and
individuals they serve will be critical to this success.
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Public duties which recognises a more
developed understanding about the pernicious nature of
discrimination, particularly following the inquiry into the
murder of Stephen Lawrence. Discrimination can be rooted not
just in the specific acts of the individual employer or service
provider, but collectively in the accumulated impact of
institutional practices and policies. In response, through the
introduction of the race duty (and planned disability and gender
duties) we have embarked on a new path towards equality,
signifying a step change in how we tackle systemic
discrimination.
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Democracy and legitimacy which cannot be
fully realised unless there are better opportunities for all
sections of our society to participate equally. Public life is
enriched when a wide range of experiences and cultures
participate in governance.
7. These changes reflect new aspirations, new views of our
responsibilities and new levers for change. We are responding to
these changes as we tackle the causes of economic inequality,
joblessness, child poverty and regional disparities among
others. And we are investing in schools, health, and social care
services to improve quality and fair access. Now we need a step
change to heal the social fractures of a complex and diverse
modern society.
8. To provide a stake in our society, individuals need to
live free from hate, discrimination and harassment – able to
make the most of their lives:
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For individuals to have meaningful opportunities
to achieve their full potential, we must overcome unfair or
unjust obstacles to their progress.
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To mend the fractures caused by disadvantage and
discrimination, we must build safe and cohesive communities
where we value and respect difference as a way of building on
what we share;
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For our prosperity, our economy needs to maximise
the skills and buying power of groups – women, ethnic
minorities, older people – who have been deprived of
opportunities to play a full role.
9. That is why we started thinking about how we deliver
equality and human rights, and what role and powers our equality
institutions should have, so that they can successfully meet the
challenges of the twenty-first century.
A new Commission for modern Britain
10. The new Equality and Human Rights
Commission (EHRC)
will be key to enabling Britain to properly respond to the
challenges that are arising in the 21st century. The
EHRC will enable change and improvement in four broad areas:
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It will have greater impact than the
current commissions by fostering a culture that respects rights
and appreciates diversity, embeds human rights principles and
promotes good relations between communities.
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It will have greater relevance, engaging at
many levels with all who have an interest, enhancing the
relevance of equality and human rights to individuals,
communities, public bodies and employers.
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It will provide greater ease of access to
information and advice about rights, responsibilities and best
practice, putting these in one place for the benefit of
individuals and organisations alike,, and empowering all to
become agents of change.
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It will improve enforcement through a
more coherent approach using modernised, more
flexible powers, able to tackle discrimination and barriers
across a broad front.
11. Bringing together the three pillars of social justice –
equality, human rights, and communities – will, we believe, give
the EHRC the ability to operate in a powerful new way to address
prejudice and discrimination, and to deliver equality and human
rights (a full run down of new powers available to the EHRC
compared with the current commissions is presented in annex E):
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Putting those it is there to serve first
through a new duty to consult stakeholders, to ensure
that all those with an interest in equality and human rights
have an opportunity to participate and engage in the development
of the EHRC’s work.
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A regular ‘equality healthcheck’ for
Britain through a new duty to produce a “state of the nation”
report, assessing systematically Britain’s progress on
equality, human rights and good relations between and within
communities.
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New powers to promote good relations across all
sections of society, within and between communities.
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New tools to support public bodies in
meeting their obligations to tackle discrimination, respect
human rights, and promote equality of opportunity, and to
evaluate their progress
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New powers to monitor hate crimes, and work
towards the elimination of prejudice against, hatred of and
hostility towards communities.
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New powers to undertake inquiries into the
protection or understanding of human rights by public
bodies, complementing existing powers for equality.
Delivering equality and human rights: the outcomes
12. The EHRC will not just project a new vision but must
deliver results on the ground. It must make real improvements to
people’s lives - this will be its only criterion for success.
13.
It will do so by:
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Helping people live free from discrimination
by providing better help to seek redress through coherent,
accessible advice and support covering all discrimination
issues, and by improving support for advice givers.
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Homing in on the issues and problems affecting
race, faith gender, disability, sexual orientation and age
but set in a broader equality context that recognises the
interconnections.
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Improving quality of life by bearing
down on institutional discrimination through robust
implementation of the race, gender and disability public duties;
and using these duties to lever improvements in public services
for the groups concerned, and others.
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Working to improve public services to make them
responsive to diverse needs and fully considerate of
human rights eg health, education thus the improving life
chances and treatment of everyone. This will involve both
challenging and working with policy makers and service
deliverers.
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Using its enforcement powers thoughtfully, both as
‘guardian of the law’ (eg bringing test cases to clarify
legislation) and tackling and rooting out serious
discrimination.
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Improving justice through working to keep the
law relevant and up to date through its powers to advise
government.
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Improving life at work through promoting
employers’ understanding of discrimination law and awareness of
the business benefits of diversity, through well-presented
advice covering all areas of the law.
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Making communities better places to live,
through local work to build trust and reduce tension between
different groups.
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Working for wider change through using its
inquiry powers to highlight problems of inequality and human
rights abuse; and seek to embed its recommendations for improved
policies and practices.
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Building wide understanding of the benefits
of equality and human rights, creating the climate in which the
work above can succeed.
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Building confidence that the EHRC is a
body that works for everyone, not just the traditional
equality communities.
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